The Grenoble administrative court ruled on Tuesday, October 26.
The nine non-vaccinated Drôme hospital workers will receive their salaries well.
They had been placed on sick leave just before the entry into force of the law requiring hospital staff to be vaccinated.
They therefore challenged their suspension by the management of these establishments on the grounds that they did not justify their vaccination, which deprived them of remuneration since September 15.
"The sick leave of these people, who are carers or administrative staff of the hospitals of Romans-sur-Isère and Saint-Vallier, was prescribed before the entry into force of the vaccination obligation on September 15", specifies their lawyer, Marie-Valérie Pinet, of the Valence bar.
"The law does not provide for this scenario, it was necessary to question the will of the legislator and what is meant by the fact
of exercising its activity
", explains the lawyer: "the judge considered that the vaccination obligation aimed to prevent the spread of the virus by people exercising an effective activity in their workplace ”.
Other similar decisions
The decision made Tuesday concludes that there is "serious doubt" about the legality of the sanctions taken against the agents.
The summary judge ordered the suspension of these sanctions and ordered the management of hospitals to pay agents the remuneration to which they are entitled within the framework of their sick leave.
According to the lawyer, similar decisions were recently rendered by the administrative courts of Cergy-Pontoise, Melun or Nancy, but judges from Besançon and Bordeaux, on the contrary, dismissed agents in the same situation.
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Voted on August 5, the vaccine obligation against Covid-19 came into force in mid-September for 2.7 million professionals: hospital and retirement home staff, private caregivers, home helpers, firefighters, ambulance attendants.
Since then, thousands of unvaccinated people have been suspended with deprivation of wages.
